A need to petition my fiancee. Should I do it in her country or from here?

A need to petition my fiancee. Should I do it in her country or from here?

Question: My fiancee lives in France and we would like to live in the United States. What is the best process for us to use in determining where to get married and what immigration process should we use?

Answer: This is one of the most common questions in immigration law, and often, the most difficult to answer because there are many viable options for you to use. Based on our experience, the easiest, most cost effective process, and oftentimes the expediest, is the following:

If your fiancee has or is able to get a B1/B2 Tourist visa, your fiancee can visit you and you get married while she is visiting. After you are married, then you petition your fiancee for a green card using forms I-130 and I-485, while she is here. You will need to be able to meet the financial responsibility threshhold and your fiancee needs to pass the homeland security screening. With your application, you are eligible for a travel permit and a work permit.

If your fiancee is unable to get a tourist visa, then you have the option of petitioning for your wife using the k-1 process, or, get married in your fiancee’s country and then petition for your wife under a spouse, i-130. Depending on the Country where she resides, one process may be faster than another. It is best to discuss which option works with you with an attorney so your needs can be properly ascertained.